[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2753 Reported in Senate (RS)]
Calendar No. 561
107th CONGRESS
2d Session
S. 2753
[Report No. 107-251]
To provide for a Small and Disadvantaged Business Ombudsman for
Procurement in the Small Business Administration, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2002
Mr. Kerry (for himself, Mr. Bond, Mr. Cleland, Ms. Cantwell, Mr.
Bingaman, Mrs. Carnahan, and Ms. Landrieu) introduced the following
bill; which was read twice and referred to the Committee on Small
Business and Entrepreneurship
September 3, 2002
Reported by Mr. Kerry, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for a Small and Disadvantaged Business Ombudsman for
Procurement in the Small Business Administration, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Small and Disadvantaged
Business Ombudsman Act''.</DELETED>
<DELETED>SEC. 2. SBA SMALL AND DISADVANTAGED BUSINESS OMBUDSMAN FOR
PROCUREMENT.</DELETED>
<DELETED> Section 30 of the Small Business Act (15 U.S.C. 657) is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``and'';</DELETED>
<DELETED> (B) in paragraph (2), by striking the
period and adding a semicolon; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) `SDB Ombudsman' means the Small and
Disadvantaged Business Ombudsman for Procurement, designated
under subsection (e); and</DELETED>
<DELETED> ``(4) `Major Federal agency' means an agency of
the United States Government that, in the previous fiscal year,
entered into contracts with non-Federal entities to provide the
agency with a total of not less than $200,000,000 in goods or
services.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(e) SBA Small and Disadvantaged Business Ombudsman for
Procurement.--</DELETED>
<DELETED> ``(1) Appointment.--</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the date of enactment of the Small and
Disadvantaged Business Ombudsman Act, the Administrator
shall designate a Small and Disadvantaged Business
Ombudsman for Procurement (referred to in this section
as the `SDB Ombudsman').</DELETED>
<DELETED> ``(B) Qualifications.--The SDB Ombudsman
shall be--</DELETED>
<DELETED> ``(i) highly qualified, with
experience assisting small business concerns
with Federal procurement; and</DELETED>
<DELETED> ``(ii) designated from among
employees of the Federal Government, to the
extent practicable.</DELETED>
<DELETED> ``(C) Line of authority.--The SDB
Ombudsman shall report directly to the
Administrator.</DELETED>
<DELETED> ``(D) Senior executive service.--The SDB
Ombudsman shall be paid at an annual rate not less than
the minimum rate, nor more than the maximum rate, for
the Senior Executive Service under chapter 53 of title
5, United States Code.</DELETED>
<DELETED> ``(2) Duties.--The SDB Ombudsman shall--</DELETED>
<DELETED> ``(A) work with each Federal agency with
procurement authority to ensure that small business
concerns are treated fairly in the procurement
process;</DELETED>
<DELETED> ``(B) establish a procedure for receiving
comments from small business concerns and personnel of
the Office of Small and Disadvantaged Business
Utilization of each Federal agency regarding the
activities of agencies and prime contractors that are
not small business concerns on Federal procurement
contracts; and</DELETED>
<DELETED> ``(C) establish a procedure for addressing
the concerns received under subparagraph (B).</DELETED>
<DELETED> ``(3) Annual report.--</DELETED>
<DELETED> ``(A) In general.--No later than 1 year
after the date of enactment of this subsection, and
annually thereafter, the SDB Ombudsman shall provide a
report to the Committee on Small Business of the House
of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate.</DELETED>
<DELETED> ``(B) Contents.--The report required under
subparagraph (A) shall contain--</DELETED>
<DELETED> ``(i) information from the Federal
Procurement Data System pertaining to
contracting and subcontracting goals of the
Federal Government and each Federal agency with
procurement authority;</DELETED>
<DELETED> ``(ii) a copy of the report
submitted to the SDB Ombudsman by each major
Federal agency and an evaluation of the goal
attainment plans submitted to the SDB Ombudsman
pursuant to paragraph (5);</DELETED>
<DELETED> ``(iii) an evaluation of the
success or failure of each major Federal agency
in attaining its small business procurement
goals, including a ranking by agency on the
attainment of such goals;</DELETED>
<DELETED> ``(iv) a summary of the efforts of
each major Federal agency to promote
contracting opportunities for small business
concerns by--</DELETED>
<DELETED> ``(I) educating and
training procurement officers on the
importance of small business concerns
to the economy and to Federal
contracting; and</DELETED>
<DELETED> ``(II) conducting outreach
initiatives to promote prime and
subcontracting opportunities for small
business concerns;</DELETED>
<DELETED> ``(v) an assessment of the
knowledge of the procurement staff of each
major Federal agency concerning programs that
promote small business contracting;</DELETED>
<DELETED> ``(vi) substantiated comments
received from small business concerns and
personnel of the Office of Small and
Disadvantaged Business Utilization of each
Federal agency regarding the treatment of small
business concerns by Federal agencies on
Federal procurement contracts;</DELETED>
<DELETED> ``(vii) an analysis of the
responsiveness of each Federal agency to small
business concerns with respect to Federal
contracting and subcontracting;</DELETED>
<DELETED> ``(viii) an assessment of the
compliance of each Federal agency with section
15(k) of the Small Business Act (15 U.S.C.
644(k); and</DELETED>
<DELETED> ``(ix) a description of any
discrimination faced by small business concerns
based on their status as small business
concerns or the gender or the social or
economic status of their owners.</DELETED>
<DELETED> ``(C) Notice and comment.--</DELETED>
<DELETED> ``(i) In general.--The SDB
Ombudsman shall provide notice to each Federal
agency identified in the report prepared under
subparagraph (A) that such agency has 60 days
to submit comments on the draft report to the
SDB Ombudsman before the final report is
submitted to Congress under subparagraph
(A).</DELETED>
<DELETED> ``(ii) Inclusion of outside
comments.--</DELETED>
<DELETED> ``(I) In general.--The
final report prepared under this
paragraph shall contain a section in
which Federal agencies are given an
opportunity to respond to the report
contents with which they
disagree.</DELETED>
<DELETED> ``(II) No response.--If no
response is received during the 60-day
comment period from a particular agency
identified in the report, the final
report under this paragraph shall
indicate that the agency was afforded
an opportunity to comment.</DELETED>
<DELETED> ``(D) Confidentiality.--In preparing the
report under this paragraph, the SDB Ombudsman shall
keep confidential all information that may expose a
small business concern or an employee of an Office of
Small and Disadvantaged Business Utilization to
possible retaliation from the agency or prime
contractor identified by the small business concern,
unless the small business concern or employee of the
Office of Small and Disadvantaged Business Utilization
consents in writing to the release of such
information.</DELETED>
<DELETED> ``(4) Interagency coordination.--Each Federal
agency, through its Office of Small and Disadvantaged Business
Utilization, shall assist the SDB Ombudsman to ensure
compliance with--</DELETED>
<DELETED> ``(A) the Federal procurement goals
established pursuant to section 15(g);</DELETED>
<DELETED> ``(B) the procurement policy outlined in
section 8(d), which states that small business concerns
should be given the maximum practicable opportunity to
participate in Federal contracts;</DELETED>
<DELETED> ``(C) Federal prime contractors small
business subcontracting plans negotiated under section
8(d)(4)(B);</DELETED>
<DELETED> ``(D) the responsibilities outlined under
section 15(k); and</DELETED>
<DELETED> ``(E) any other provision of this
Act.</DELETED>
<DELETED> ``(5) Goal attainment plan.--If a major Federal
agency fails to meet any small business procurement goal under
this Act in any fiscal year, such agency shall submit a goal
attainment plan to the SDB Ombudsman not later than 90 days
after the end of the fiscal year in which the goal was not met,
containing--</DELETED>
<DELETED> ``(A) a description of the circumstances
that contributed to the failure of the agency to reach
its small business procurement goals; and</DELETED>
<DELETED> ``(B) a detailed plan for meeting the
small business procurement goals in the fiscal year
immediately following the fiscal year in which the goal
was not met.</DELETED>
<DELETED> ``(6) Effect on other offices.--Nothing in this
section is intended to replace or diminish the activities of
the Office of Small and Disadvantaged Business Utilization or
any similar office in any Federal agency.</DELETED>
<DELETED> ``(7) Administrative resources.--To enable the SDB
Ombudsman to carry out the duties required by this subsection,
the Administrator shall provide the SDB Ombudsman with
sufficient--</DELETED>
<DELETED> ``(A) personnel;</DELETED>
<DELETED> ``(B) office space; and</DELETED>
<DELETED> ``(C) dedicated financial resources, which
are specifically identified in the annual budget
request of the Administration.''.</DELETED>
<DELETED>SEC. 3. OFFICE OF SMALL AND DISADVANTAGED BUSINESS
UTILIZATION.</DELETED>
<DELETED> (a) Director.--Section 15(k) of the Small Business Act (15
U.S.C. 644(k)) is amended--</DELETED>
<DELETED> (1) in the first sentence, by inserting ``(except
for the Administration)'' after ``Federal agency'';</DELETED>
<DELETED> (2) by striking paragraph (2), and inserting the
following:</DELETED>
<DELETED> ``(2) be well qualified, with experience assisting
small business concerns with Federal procurement, and receive
basic pay at a rate not to exceed the rate of pay for grade 15
of the General Schedule, under section 5332 of title 5, United
States Code;'';</DELETED>
<DELETED> (3) by striking paragraph (3) and inserting the
following:</DELETED>
<DELETED> ``(3) be appointed by the head of such agency, be
responsible to, and report only to, the head or deputy head of
such agency for policy matters, personnel matters, budgetary
matters, and all other matters;'';</DELETED>
<DELETED> (4) in paragraph (9), by striking ``, and'' and
inserting a semicolon;</DELETED>
<DELETED> (5) in paragraph (10)--</DELETED>
<DELETED> (A) by striking ``or section 8(a) of this
Act or section 2323 of title 10, United States Code.
Such recommendations'' and inserting ``section 8(a), or
section 2323 of title 10, United States Code, which
recommendations''; and</DELETED>
<DELETED> (B) by striking the period at the end and
inserting a semicolon; and</DELETED>
<DELETED> (6) by striking the undesignated matter after
paragraph (10) and inserting the following:</DELETED>
<DELETED> ``(11) not concurrently serve as the chief
procurement officer for such agency; and</DELETED>
<DELETED> ``(12) if the officer is employed by a major
Federal agency (as defined in section 30)--</DELETED>
<DELETED> ``(A) have no other job duties beyond
those described under this subsection;</DELETED>
<DELETED> ``(B) receive basic pay at a rate equal to
the rate of pay for grade 15 of the General Schedule,
under section 5332 of title 5, United States Code;
and</DELETED>
<DELETED> ``(C) attend the meetings of the Office of
Small and Disadvantaged Business Utilization
Council.''.</DELETED>
<DELETED> (b) Office of Small and Disadvantaged Business Utilization
Council.--</DELETED>
<DELETED> (1) Establishment.--There is established an
interagency council to be known as the ``Office of Small and
Disadvantaged Business Utilization Council'' (in this
subsection referred to as the ``Council'').</DELETED>
<DELETED> (2) Membership.--The Council shall be composed
of--</DELETED>
<DELETED> (A) the Director of Small and
Disadvantaged Business Utilization from each Federal
agency;</DELETED>
<DELETED> (B) the Small and Disadvantaged Business
Ombudsman for Procurement, as an ex officio member;
and</DELETED>
<DELETED> (C) other individuals, as ex officio
members, as the Council considers necessary.</DELETED>
<DELETED> (3) Leadership.--</DELETED>
<DELETED> (A) Chairperson.--The members of the
Council shall elect a chairperson, who shall serve for
a 1-year, renewable term.</DELETED>
<DELETED> (B) Other positions.--The members of the
Council may elect other leadership positions, as
necessary, from among its members.</DELETED>
<DELETED> (C) Voting.--Each member of the Council,
except for ex officio members, shall have voting rights
on the Council.</DELETED>
<DELETED> (4) Meetings.--</DELETED>
<DELETED> (A) Frequency.--The Council shall meet not
less frequently than once every 2 months.</DELETED>
<DELETED> (B) Issues.--At the meetings under
subparagraph (A), the Council shall discuss issues
faced by each Office of Small and Disadvantaged
Business Utilization, including--</DELETED>
<DELETED> (i) personnel matters;</DELETED>
<DELETED> (ii) barriers to small business
participation in Federal procurement;</DELETED>
<DELETED> (iii) agency compliance with
section 15(k) of the Small Business Act (15
U.S.C. 644(k)), as amended by this Act;
and</DELETED>
<DELETED> (iv) any other matter that the
Council considers necessary to further the
mission of each Office of Small and
Disadvantaged Business Utilization.</DELETED>
<DELETED> (5) Funding limitation.--The Small Business
Administration shall not provide the Council with financial
assistance to carry out the provisions of this
section.</DELETED>
<DELETED>SEC. 4. GOVERNMENTWIDE SMALL BUSINESS GOAL.</DELETED>
<DELETED> Section 15(g)(1) of the Small Business Act (15 U.S.C.
644(g)(1)) is amended in the second sentence, by striking ``23 percent
of the total value of all prime con tract awards for each fiscal
year.'' and inserting ``26 percent of the total value of all prime
contract awards for fiscal year 2004, not less than 28 percent of the
total value of all prime contract awards for fiscal year 2005, and not
less than 30 percent of the total value of all prime contract awards
for fiscal year 2006 and each fiscal year thereafter.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Procurement Ombudsman
Act of 2002''.
SEC. 2. SMALL BUSINESS PROCUREMENT OMBUDSMAN.
Section 15 of the Small Business Act (15 U.S.C. 644) is amended by
adding at the end the following:
``(q) Small Business Procurement Ombudsman.--
``(1) Definitions.--As used in this section, the following
definitions shall apply:
``(A) Chief counsel for advocacy.--The term `Chief
Counsel for Advocacy' means the chief counsel in the
Office of Advocacy of the Administration.
``(B) Major federal agency.--The term `major
Federal agency' means an agency of the United States
Government that, in the previous fiscal year, entered
into contracts with non-Federal entities to provide the
agency with a total of not less than $200,000,000 in
goods or services.
``(C) Procurement ombudsman.--The term `Procurement
Ombudsman' means the Small Business Procurement
Ombudsman, designated under paragraph (2).
``(2) Appointment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Small Business Procurement
Ombudsman Act of 2002, the Chief Counsel for Advocacy
shall designate a Small Business Procurement Ombudsman
(referred to in this subsection as the `Procurement
Ombudsman').
``(B) Qualifications.--The Procurement Ombudsman
shall be--
``(i) highly qualified, with experience
assisting small business concerns with Federal
procurement; and
``(ii) designated from among employees of
the Federal Government, to the extent
practicable.
``(C) Line of authority.--The Procurement Ombudsman
shall report directly to the Chief Counsel for
Advocacy.
``(D) Senior executive service.--The Procurement
Ombudsman shall be paid at an annual rate not less than
the minimum rate, nor more than the maximum rate, for
the Senior Executive Service under chapter 53 of title
5, United States Code.
``(3) Duties.--The Procurement Ombudsman shall--
``(A) work with each Federal agency with
procurement authority to ensure that small business
concerns are treated fairly in the procurement process
by establishing a procedure for receiving, and keeping
confidential, comments from small business concerns and
personnel of the Office of Small and Disadvantaged
Business Utilization of each Federal agency regarding
the activities of agencies and prime contractors, that
are not small business concerns, on Federal contracts;
``(B) establish a procedure for addressing the
concerns received under subparagraph (A);
``(C) complete and submit the annual report
required under paragraph (4); and
``(D) have no other significant job duties other
than those described under this subsection.
``(4) Annual report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, and not later
than the last day of the first full week of March in
subsequent years, the Procurement Ombudsman shall
provide a report to the Committee on Small Business of
the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate.
``(B) Contents.--The report required under
subparagraph (A) shall contain--
``(i) information from the Federal
Procurement Data System pertaining to
contracting and subcontracting goals of the
Federal Government and each Federal agency with
procurement authority;
``(ii) the goal attainment plan required
under section 4(a) of the Small Business
Procurement Ombudsman Act of 2002 and an
evaluation of that plan;
``(iii) an evaluation of the success or
failure of each major Federal agency in
attaining its small business procurement goals,
including an overall score for each agency on
the attainment of such goals;
``(iv) a summary of the efforts of each
major Federal agency to promote contracting
opportunities for small business concerns by--
``(I) educating and training
contracting officers on the importance
of small business concerns to the
economy and to Federal contracting; and
``(II) conducting outreach
initiatives to promote prime and
subcontracting opportunities for small
business concerns;
``(v) an assessment of the knowledge of the
procurement staff of each major Federal agency
concerning programs that promote small business
contracting and the efficacy of acquisition
training programs (whether conducted
electronically or in person) in enhancing that
knowledge;
``(vi) conclusions and recommendations
based upon substantiated comments received from
small business concerns and personnel of the
Office of Small and Disadvantaged Business
Utilization of each Federal agency regarding
the treatment of small business concerns by
Federal agencies on Federal contracts;
``(vii) an analysis of the responsiveness
of each Federal agency to small business
concerns with respect to Federal contracting
and subcontracting;
``(viii) an assessment of the compliance of
each Federal agency with subsection (k); and
``(ix) a description of any discrimination
faced by small business concerns based on their
status as small business concerns, qualified
HUBZone small business concerns, small business
concerns owned and controlled by disabled
veterans, or the gender or the social or
economic status of their owners.
``(C) Notice and comment.--
``(i) In general.--The Procurement
Ombudsman shall provide notice to each Federal
agency identified in the report prepared under
subparagraph (A) that such agency has 60 days
to submit comments on the draft report to the
Procurement Ombudsman before the final report
is submitted to Congress under subparagraph
(A).
``(ii) Inclusion of outside comments.--
``(I) In general.--The final report
prepared under this paragraph shall
contain a section in which Federal
agencies are given an opportunity to
respond to the report contents with
which they disagree.
``(II) No response.--If no response
is received during the 60-day comment
period from a particular agency
identified in the report, the final
report under this paragraph shall
indicate that the agency was afforded
an opportunity to comment.
``(D) Confidentiality.--In preparing the report
under this paragraph and carrying out the duties under
paragraph (3), the Procurement Ombudsman shall keep
confidential all information that may expose a small
business concern or an employee of an Office of Small
and Disadvantaged Business Utilization to possible
retaliation from the agency or prime contractor
identified by the small business concern, unless the
small business concern or employee of the Office of
Small and Disadvantaged Business Utilization consents
in writing to the release of such information.
``(5) Effect on other offices.--Nothing in this subsection
is intended to replace or diminish the activities of the Office
of Small and Disadvantaged Business Utilization or any similar
office in any Federal agency.
``(6) Administrative resources.--To enable the Procurement
Ombudsman to carry out the duties required under this
subsection, the Administrator shall provide the Procurement
Ombudsman with sufficient--
``(A) personnel;
``(B) office space; and
``(C) dedicated financial resources, which shall be
specifically identified in the annual budget request of
the Administration.''.
SEC. 3. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended to read as follows:
``(k) Office of Small and Disadvantaged Business Utilization.--
``(1) Establishment.--There is hereby established in each
Federal agency (except for the Administration) having
procurement powers an office to be known as the `Office of
Small and Disadvantaged Business Utilization'. The management
of each such office shall be vested in an officer or employee
of such agency who shall--
``(A) be known as the `Director of Small and
Disadvantaged Business Utilization' for such agency;
``(B) be well qualified, with experience assisting
small business concerns with Federal procurement, and
receive basic pay at a rate not to exceed the rate of
pay for grade 15 of the General Schedule, under section
5332 of title 5, United States Code;
``(C) be appointed by the head of such agency, be
responsible to, and report only to, the head or deputy
head of such agency for policy matters, personnel
matters, budgetary matters, and all other matters;
``(D) be responsible for the implementation and
execution of the functions and duties under sections 8
and 15 and all small business procurement programs under this Act,
which relate to such agency, and cooperate and consult on a regular
basis with the Administration with respect to carrying out such
functions and duties;
``(E) identify proposed solicitations that involve
significant bundling of contract requirements, and work
with the agency acquisition officials and the
Administration to revise the procurement strategies for
such proposed solicitations where appropriate to
increase the probability of participation by small
businesses as prime contractors, or to facilitate small
business participation as subcontractors and suppliers,
if a solicitation for a bundled contract is to be
issued;
``(F) assist small business concerns to obtain
payments, required late payment interest penalties, or
information regarding payments due to such concerns
from an executive agency or a contractor, in conformity
with chapter 39 of title 31, United States Code, or any
other protection for contractors or subcontractors
(including suppliers) that is included in the Federal
Acquisition Regulation or any individual agency
supplement to such Government-wide regulation;
``(G) have supervisory authority over personnel of
such agency to the extent that the functions and duties
of such personnel relate to functions and duties under
sections 8 and 15 and all small business procurement
programs under this Act;
``(H) assign a small business technical adviser to
each office to which the Administration has assigned a
procurement center representative--
``(i) who shall be a full-time employee of
the procuring activity and shall be well
qualified, technically trained and familiar
with the supplies or services purchased at the
activity; and
``(ii) whose principal duty shall be to
assist the Administration procurement center
representative in his duties and functions
relating to sections 8 and 15 and all small
business procurement programs under this Act;
``(I) assist the Procurement Ombudsman with the
duties assigned to the Procurement Ombudsman under
subsection (q)(3);
``(J) make recommendations to contracting officers
as to whether a particular contract requirement should
be awarded pursuant to subsection (a), section 8(a), or
section 2323 of title 10, United States Code, which
recommendations shall be made with due regard to the
requirements of subsection (m), and the failure of the
contracting officer to accept any such recommendations
shall be documented and included within the appropriate
contract file;
``(K) not concurrently serve as the senior
procurement executive for such agency; and
``(L) if the officer is employed by a major Federal
agency--
``(i) have no other significant job duties
beyond those described under this subsection;
``(ii) receive basic pay at a rate not less
than the rate of pay for grade 15 of the
General Schedule, under section 5332 of title
5, United States Code; and
``(iii) attend, to the maximum practical
extent, the meetings of the Office of Small and
Disadvantaged Business Utilization Council.
``(2) Office of small and disadvantaged business
utilization council.--
``(A) Establishment.--There is established an
interagency council to be known as the `Office of Small
and Disadvantaged Business Utilization Council' (in
this subsection referred to as the `Council').
``(B) Membership.--The Council shall be composed
of--
``(i) the Director of Small and
Disadvantaged Business Utilization from each
Federal agency;
``(ii) the Small Business Procurement
Ombudsman, as an ex officio member;
``(iii) the Associate Deputy Administrator
for Government Contracting and Business
Development of the Administration, as an ex
officio member; and
``(iv) other individuals, as ex officio
members, as the Council considers necessary.
``(C) Leadership.--
``(i) Chairperson.--The members of the
Council shall elect a chairperson, who shall
serve for a 1-year, renewable term.
``(ii) Other positions.--The members of the
Council may elect other leadership positions,
as necessary, from among its members.
``(D) Voting.--Each member of the Council, except
for ex officio members, shall have voting rights on the
Council.
``(E) Meetings.--
``(i) Frequency.--The Council shall meet
not less frequently than once every 2 months.
``(ii) Issues.--At the meetings under
clause (i), the Council shall discuss issues
faced by each Office of Small and Disadvantaged
Business Utilization, including--
``(I) personnel matters;
``(II) barriers to small business
participation in Federal procurement;
``(III) agency compliance with this
subsection; and
``(IV) any other matter that the
Council considers necessary to further
the mission of each Office of Small and
Disadvantaged Business Utilization.
``(F) Funding limitation.--The Small Business
Administration shall not provide the Council with
financial assistance to carry out the provisions of
this subsection.''.
SEC. 4. SMALL BUSINESS PROCUREMENT GOALS.
(a) Goal Attainment Plan.--Section 15(g) of the Small Business Act
(15 U.S.C. 644(g)) is amended by adding at the end the following:
``(3) If a major Federal agency fails to meet any small
business procurement goal under this subsection in any fiscal
year, such agency shall submit a goal attainment plan to the
Administration not later than 90 days after the end of the
fiscal year in which the goal was not met, containing--
``(A) a description of the circumstances that
contributed to the failure of the agency to reach its
small business procurement goals; and
``(B) a detailed plan for meeting the small
business procurement goals in the fiscal year
immediately following the fiscal year in which the goal
was not met.''.
(b) Governmentwide Small Business Goal.--Section 15(g)(1) of the
Small Business Act (15 U.S.C. 644(g)(1)) is amended, in the second
sentence, by striking ``23 percent of the total value of all prime
contract awards for each fiscal year.'' and inserting ``26 percent of
the total value of all prime contract awards for fiscal year 2004, not
less than 28 percent of the total value of all prime contract awards
for fiscal year 2005, and not less than 30 percent of the total value
of all prime contract awards for fiscal year 2006 and each fiscal year
thereafter.''.
Amend the title so as to read: ``A bill to provide for a
Small Business Procurement Ombudsman in the Office of Advocacy
of the Small Business Administration, to strengthen the Office
of Small and Disadvantaged Business Utilization at each Federal
agency, and for other purposes.''.
Calendar No. 561
107th CONGRESS
2d Session
S. 2753
[Report No. 107-251]
_______________________________________________________________________
A BILL
To provide for a Small and Disadvantaged Business Ombudsman for
Procurement in the Small Business Administration, and for other
purposes.
_______________________________________________________________________
September 3, 2002
Reported with an amendment and an amendment to the title